Fairhope Board of Adjustment approves setback variances for 863 Creek Drive with wetland and recording conditions

The City of Fairhope Board of Adjustment approved variances on Nov. 17 to allow a residence at 863 Creek Drive to be built closer to property lines than current zoning permits, subject to recording and wetland-permit conditions.

City staff described the request as a 10-foot front-yard setback variance and a 30-foot rear-yard setback variance intended to create a buildable footprint on a 0.28-acre, irregular lot. Staff recounted two prior BOA approvals for the property (2014 and 2022) that were not acted on and said recent permit applications in 2022 were denied because plans did not reflect granted variances and showed wetland and wetland-buffer concerns. "There are jurisdictional wetlands that exist on the subject site," the staff presenter stated while showing flagged wetlands and a 20-foot wetland buffer depicted on the site plan.

Staff recommended that, if the board granted the variances, the approval be conditioned on: recording the approved variances with the Baldwin County probate court; issuance of associated development permits and application/receipt of those permits within 365 days of variance approval; and issuance of any required wetland permits in compliance with the city wetland rules for work inside the wetland buffer. Staff also noted that on-site storage of a recreational vehicle must comply with Article 3, section d7 of the zoning ordinance.

Applicant representatives and counsel told the board they do not plan to use an existing gravel drive and that the proposed design is intended to minimize disturbance. The applicant asserted the lot’s odd shape and erosion reduced the buildable area and that variances would avoid larger landscape impacts. "So the request is modest. It's just a matter of 4 feet and, would really help out, with the way we intend to use and live in our back porch, in the development," said property owner Mick Blackledge.

A board member moved to approve the variances with the staff-recommended conditions; the motion was seconded and approved by roll call. The board recorded the approval with conditions requiring recording with Baldwin County probate, receipt of applicable development permits within 365 days, and compliance with wetland-permit rules for any disturbance inside the wetland buffer.

The board then moved to the next case.